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MAY v. COOPERMAN

Nos. 83-5890, 84-5126.

780 F.2d 240 (1985)

Jeffrey MAY, individually; Jean Ross, as natural parent of Damon Ross, an infant, and Jean Ross, individually; Bonnie Schorske, as natural parent of Mark Schorske, an infant, and Bonnie Schorske, individually; Brenda Butler, as natural parent of Cary Butler, an infant, and Brenda Butler, individually; Gary Drew, individually v. Dr. Saul COOPERMAN, Commissioner of the Department of Education; New Jersey Department of Education; Edison Township Board of Education; Old Bridge Township Board of Education, Defendants, Alan J. Karcher as Speaker of the New Jersey General Assembly; the New Jersey General Assembly; Carmen A. Orechio as President of the New Jersey Senate; the New Jersey Senate, Defendant Intervenors. Appeal of NEW JERSEY COUNCIL OF CHURCHES, New Jersey Education Association, Alan J. Karcher as Speaker of the New Jersey General Assembly; the New Jersey General Assembly; Carmen A. Orechio as President of the New Jersey Senate, the New Jersey Senate, Defendant Intervenors.

United States Court of Appeals, Third Circuit.

Reargued August 13, 1985.

Decided December 24, 1985.

Attorney(s) appearing for the Case

William W. Robertson (argued), Robert P. Zoller, Hannoch, Weisman, Stern, Besser, Berkowitz and Kinney, P.A., Roseland, N.J., Ralph J. Marra, Jr., Robert A. Farkas, Marinari & Farkas, P.A., Trenton, N.J., for appellant.

Norman L. Cantor, Richard M. Altman, Anne McHugh, Pellettieri, Rabstein and Altman, Trenton, N.J., Jack D. Novik (argued), American Civil Liberties Union, New York, N.Y., for appellees.

Donald L. Drakeman, Clifton, N.J., for amici curiae N.J. Council of Churches, et al.

James R. Zazzali, Robert A. Fagella, Zazzali, Zazzali & Kroll, Newark, N.J., of amicus curiae, N.J. Educ. Ass'n.

David Crump, Houston, Tex., for amicus curiae The Legal Foundation of America, Supporting Reversal.

Before GIBBONS and BECKER, Circuit Judges and KATZ, District Judge.

OPINION OF THE COURT

GIBBONS, Circuit Judge.

This appeal by the New Jersey Senate and Assembly as intervening defendants seeks to overturn a declaratory judgment of the district court that N.J.S.A. 18A:36-4 (West 1984-1985) violates the establishment clause of the first amendment. The intervening defendants also appeal from a declaratory judgment that plaintiffs are entitled to counsel fees on the authority of 42 U.S.C. § 1988 (1982). The appeal requires...

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